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notwithstanding the fact that the instruments and documents relating to such outstanding debts due to the testator, are found in the house. 152. Legacy of usufruct.— A legacy of usufruct without fixing the period of its duration shall be construed to have been made for the lifetime of the legatee and where such legatee is a body with perpetual succession, the legacy shall be construed to have been made for a period of thirty years only. 153. Legacy to minor.— A legacy to a minor which is to be received by him after he attains majority, cannot be demanded by him before he attains majority. 154. Legacy for charitable purposes.— A legacy left for charitable purposes shall be construed to have been made for the purpose of welfare and charity, unless otherwise provided in the will. 155. Mistake as to object or subject of the legacy.— The mistake of the testator in respect of the object or the subject of the legacy shall not render the legacy void, if it is possible to ascertain clearly what was the intention of the testator. 156. Delivery of legacy.— (1) Where the legatee is not in possession of the bequeathed thing, he shall call upon the heirs to give effect to the legacy. (2) When the heirs delay in taking charge of the inheritance, the legatee may cause summons to be served on them to accept or renounce the inheritance. (3) Where the heirs renounce the inheritance, the legatees may apply that a curator be appointed for the inheritance and demand the delivery of the legacy from the appointed curator. (4) Where the legacy is an encumbrance on another legacy, the legatee of the encumbrance shall demand the legacy from the latter. 157. Duty to carry out the will.— (1) Where the entire inheritance has been distributed by way of legacies and the testator has not appointed an executor, the legatee who is the most benefited shall be deemed to be the executor. (2) Where there be more than one legatee in similar circumstances, such legatees shall choose one of them to be the executor. (3) When there is no agreement between the legatees, or when any of such legatees is a minor, absent person or under interdiction, the executor shall be appointed by the court. 158. Fruits and income of legacy.— Unless the testator has provided otherwise, the legatee is entitled to the fruits and profits of the bequeathed thing right from the date of the death of the testator, as well as to the interest accrued from the money bequeathed, from the expiry of the time to carry out the legacy.
159. Legacy of periodic sums.— Where the testator bequeaths periodic sums, the first period shall run from the date of the testator’s death. The legatee shall have the right to the said installment the moment the new period commences, even if the legatee dies before the period comes to an end. However, the bequest shall be enforceable at the end of the period only, unless the bequest is for maintenance in which case it shall be enforceable at the beginning of the period. 160. Expenses for delivery of legacy.— The expenses for the delivery of the bequeathed thing shall be met by the inheritance, unless the testator has provided otherwise. 161. Manner and place of delivery.— The bequeathed thing shall be delivered together with its accessories at the place and in the condition in which it was at the time of the testator’s death. If the bequest consists of money, jewellery, or shares and other securities, whatever may be the type of the instruments, it shall be delivered at the place where the inheritance is opened, unless the testator has provided otherwise or there is an agreement between the parties to the contrary. 162. New acquisitions.— If the person who bequeaths any immovable property adds subsequently to such property new acquisitions, these acquisitions, even if contiguous, shall not form part of the legacy without a new declaration of the testator. In case any improvement is made to the bequeathed property which is necessary, useful or luxurious, it shall form part of the legacy. 163. Legacy of thing burdened with encumbrance in rem.— If the bequeathed thing is burdened with any emphytheutic fee, share in the rent, easement or any other encumbrance inherent thereto, the bequeathed thing shall go to the legatee with the encumbrance. However, if such encumbrances are in arrears, such arrears shall be met by the inheritance. 164. Lien on immovable assets.— The immovable assets which devolve on the heirs from the testator are subject to a lien for the satisfaction of the legacies. However, if any one of the heirs is specifically made liable for any such payment, the legatee can exercise this right over the immovable asset which may be allotted to the said heir in the partition. 165. Duty of co-heirs to compensate when the legacy consists of an asset of one co-heir only.— Where the testator bequeaths a thing belonging to one of the co-heirs, the other heirs shall be bound to compensate him proportionately unless the testator has provided otherwise. 166. Institution of heir or legatee subject to fulfillment of condition.— If the inheritance or the legacy has been left subject to the condition that the heir or legatee should not give a specified thing or should not perform a specified act, the said heir or legatee may be compelled, at the instance of the interested parties, to furnish security for the performance of the condition, unless the condition is one of those contemplated by section 134.
Page 1 and 2: LEGISLATIVE ASSEMBLY OF THE STATE O
Page 3 and 4: ACCEPTANCE AND RENUNCIATION OF THE
Page 5 and 6: CHAPTER IX PREFERENTIAL RIGHT OF TH
Page 7 and 8: Section 161. Manner and place of de
Page 9 and 10: Section 239. Failure to present the
Page 11 and 12: BOOKS, INDICES AND FIRE PROOF BOXES
Page 13 and 14: CIVIL LIABILITY OF THE SPECIAL NOTA
Page 15 and 16: Section 401. When co-heirs are call
Page 17 and 18: Section 456. Fixation of the amount
Page 19 and 20: (f) “estate leaver” means the p
Page 21 and 22: 5. Types of successors: Heirs and l
Page 23 and 24: (3) Upon conviction as provided in
Page 25 and 26: 26. Acceptance or renunciation by o
Page 27 and 28: (c) more than half of the inheritan
Page 29 and 30: (2) Where the usufruct is in respec
Page 31 and 32: 63. Right of representation.—The
Page 33 and 34: spouse irrespective of their matrim
Page 35 and 36: (2) The value of the gifted assets
Page 37 and 38: inheritance, the excess shall be re
Page 39 and 40: legatees, unless the testator has i
Page 41 and 42: 128. Brothers or sisters generally
Page 43: (2) If a debt is to fall due only a
Page 47 and 48: 174. Right to legacy.— The legate
Page 49 and 50: 189. Disinheritance. —The forced
Page 51 and 52: (2) The intestate heir forfeits his
Page 53 and 54: 219. Restrictions on disposition of
Page 55 and 56: has agreed with the person who is i
Page 57 and 58: (c) the other heirs, who are not -u
Page 59 and 60: 262. Where the executor declines to
Page 61 and 62: (2) However, it shall always be law
Page 63 and 64: 286. Sham sale.— (1) A sale, whet
Page 65 and 66: SPECIAL NOTARIES CHAPTER XVI ESTABL
Page 67 and 68: 308. Obligation of the State to pro
Page 69 and 70: (2) All copies given under this sec
Page 71 and 72: 323. Who may be witnesses identifie
Page 73 and 74: affixed and in the absence of the r
Page 75 and 76: (3) The record to be made by the Sp
Page 77 and 78: 337. Delivery of the closed will.
Page 79 and 80: interested party shall also declare
Page 81 and 82: of the testator can be gathered fro
Page 83 and 84: CHAPTER XXX CERTIFIED COPIES 352. W
Page 85 and 86: shall be punishable with imprisonme
Page 87 and 88: (3) Where, after allotment or after
Page 89 and 90: epresentative of the person under d
Page 91 and 92: (c) The head of the family shall be
Page 93 and 94: (2)Copies of the list of assets and
Page 95 and 96:
(2) The court shall, after recordin
Page 97 and 98:
397. Sale of share in the undivided
Page 99 and 100:
(3) Where an objection has been rai
Page 101 and 102:
(3) Where the respective creditor w
Page 103 and 104:
(2) The members of the family counc
Page 105 and 106:
(4) Where the debts have been appro
Page 107 and 108:
present. If none of the above condi
Page 109 and 110:
434. Procedure for second valuation
Page 111 and 112:
438. Preliminary chart.— (1) Wher
Page 113 and 114:
duty is produced. The order confirm
Page 115 and 116:
(b) When a new document is produced
Page 117 and 118:
454. Cause Title.— (1) The cause
Page 119 and 120:
Statement of Objects and Reasons Th
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